ALL NEWS

Federal appeals court: Male-only draft is constitutional

Aug 14, 2020, 5:43 AM

FILE - In this Sept. 18, 2012 file photo, female soldiers from 1st Brigade Combat Team, 101st Airbo...

FILE - In this Sept. 18, 2012 file photo, female soldiers from 1st Brigade Combat Team, 101st Airborne Division train on a firing range while testing new body armor in Fort Campbell, Ky. A federal appeals court in New Orleans upheld the constitutionality of the all-male military draft system Thursday, Aug. 13, 2020, citing a 1981 U.S. Supreme Court decision. The 5th U.S. Circuit Court of Appeals in New Orleans said “only the Supreme Court may revise its precedent.” (AP Photo/Mark Humphrey, File)

(AP Photo/Mark Humphrey, File)

NEW ORLEANS (AP) — A federal appeals court in New Orleans upheld the constitutionality of the all-male military draft system Thursday, citing a 1981 U.S. Supreme Court decision.

In a decision that overturned a 2019 ruling by a Texas-based federal judge, a panel of the 5th U.S. Circuit Court of Appeals in New Orleans said “only the Supreme Court may revise its precedent.”

The case was argued in March and was the result of a lawsuit by the National Coalition for Men and two men challenging the male-only draft. They argued that the 1981 case was decided at a time when women were largely absent from combat.

Thursday’s unanimous ruling from the three-judge panel acknowledged that “the factual underpinning of the controlling Supreme Court decision has changed. However, the judges noted, “that does not grant a court of appeals license to disregard or overrule that precedent.”

Plaintiffs in the case could seek a rehearing before the full 17-judge appeals court or go to the Supreme Court. Harry Crouch, president of the National Coalition for Men, said organization leaders will discuss their next move with attorneys. “All I can tell you is we will be moving the case forward,” he said.

The U.S. government stopped drafting young men into the military in 1973. But every male must still register for the draft when he turns 18.

Earlier this year — after the arguments before the 5th Circuit — a federal commission recommended including women in the military draft system.

“The Commission concluded that the time is right to extend Selective Service System registration to include men and women, between the ages of 18 and 26. This is a necessary and fair step, making it possible to draw on the talent of a unified Nation in a time of national emergency,” the commission’s final report said.

The 2019 district court decision declaring the male-only draft unconstitutional had been appealed by the Selective Service System, the federal agency that administers the draft. The appeal was argued during a series of 5th Circuit hearings at Tulane University. The judges were Carl Stewart, Don Willett and Jacques Weiner.

Arguing for the National Coalition for men was Marc Angelucci, an attorney who was shot to death in July. Authorities later linked the killing of Angelucci in California to Roy Den Hollander, 72, who was found dead of a self-inflicted gunshot wound on July 20, the day after an ambush shooting in New Jersey that killed U.S. District Judge Esther Salas’ 20-year-old son and wounded her husband.

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

All News

Kouri Richins, a Utah mother of three who authorities say fatally poisoned her husband then wrote a...

Bridger Beal-Cvetko, KSL.com

Kouri Richins’ attorneys ask to withdraw from representing her in murder case

Attorneys for Kouri Richins requested to withdraw as her defense counsel and asked a judge to appoint new defense attorneys on Friday.

4 hours ago

Two teenage girls were hit by an SUV in Spanish Fork Saturday afternoon. Both girls are at Primary ...

Devin Oldroyd

Teenage girls in critical condition after being hit by SUV in Spanish Fork

Two teenage girls were hit by an SUV in Spanish Fork Saturday afternoon. Both girls are at Primary Children's in critical condition.

5 hours ago

The Salt Lake City Police Department arrested a man for allegedly kidnapping and holding a woman ag...

Devin Oldroyd

Salt Lake City police arrest man for alleged kidnapping Saturday

The Salt Lake City Police Department arrested a man for allegedly kidnapping and holding a woman against her will Saturday.

6 hours ago

SLCPD police car...

Devin Oldroyd

Salt Lake City Police Department responds to two shootings Saturday morning

The Salt Lake City Police Department is investigating two shootings that happened early Saturday morning. Both investigations are ongoing.

6 hours ago

A Utah County Sheriff's Office emblem...

Kennedy Camarena

Man was life flighted after falling 16 feet off of barn’s rooftop in Utah County

A man in his 20s had to be life flighted out of Utah County on Saturday when he fell 16 feet off of a barn rooftop.

7 hours ago

Police and firetruck lights....

Kennedy Camarena

Crane driver killed in work accident

A man working at a worksite in the Summit County area has died after the crane he was driving rolled over an embankment.

12 hours ago

Sponsored Articles

a doctor putting her hand on the chest of her patient...

Intermountain Health

Intermountain nurse-midwives launch new gynecology access clinic

An access clinic launched by Intermountain nurse-midwives provides women with comprehensive gynecology care.

Young couple hugging while a realtor in a suit hands them keys in a new home...

Utah Association of Realtors

Buying a home this spring? Avoid these 5 costly pitfalls

By avoiding these pitfalls when buying a home this spring, you can ensure your investment will be long-lasting and secure.

a person dressed up as a nordic viking in a dragon boat resembling the bear lake monster...

Bear Lake Convention and Visitors Bureau

The Legend of the Bear Lake Monster

The Bear Lake monster has captivated people in the region for centuries, with tales that range from the believable to the bizarre.

...

Live Nation Concerts

All the artists coming to Utah First Credit Union Amphitheatre (formerly USANA Amp) this summer

Summer concerts are more than just entertainment; they’re a celebration of life, love, and connection.

Mother and cute toddler child in a little fancy wooden cottage, reading a book, drinking tea and en...

Visit Bear Lake

How to find the best winter lodging in Bear Lake, Utah

Winter lodging in Bear Lake can be more limited than in the summer, but with some careful planning you can easily book your next winter trip.

Happy family in winter clothing at the ski resort, winter time, watching at mountains in front of t...

Visit Bear Lake

Ski more for less: Affordable ski resorts near Bear Lake, Utah

Plan your perfect ski getaway in Bear Lake this winter, with pristine slopes, affordable tickets, and breathtaking scenery.

Federal appeals court: Male-only draft is constitutional